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HomeMy WebLinkAbout01-02-02 CCMAPPROVED MINUTES: January 15, 2002 LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 1. AGENDA 2. MINUTES: December 4, 2001 MINUTES: December 18, 2001 3. FINANCE: A. Claims 4. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. Public Inquiries B. Representative Eric Lipman C. Kreiglmeier Pole Building D. Oak Park Heights Meeting 5. ORGANIZATIONAL MEETING: A. Election of Acting Mayor B. Designation of Legal Newspaper C. Designation of Official Depositories for 2002 D. Appointment of City Engineer E. F. (1) Appointment of City Attorney (Civil) (2) Appointment of City Attorney (Criminal) G. Appointment of Financial Advisor H. Appointments to Planning Commission I. Appointments to Parks Commission J. Resolution Adopting 2002 Fee Schedule (POSTPONED) K. Appointments to Village Commission Special Projects L&M. Environmental Management/PZ Human Rights 6. CONSENT AGENDA 7. MAINTENANCE/PARKS/FIRE/BUILDING: 8. CITY ENGINEER'S REPORT: 9. PLANNING,LAND USE & ZONING: A. Letter from Shafer Contracting Co. 10. CITY ATTORNEY'S REPORT: A. Ordinance related to Administrative Fines, Suspension, Revocation for Sale of liquor or non -intoxicating malt liquor to minors 11. CITY ADMINISTRATOR'S REPORT: 12.CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Engineer Prew, City Planner Dillerud, City Attorney Filla, and Administrator Kueff ier. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 1. AGENDA M/S/P Armstrong/DeLapp — to approve the January 2, 2002 City Council agenda, as amended. (Motion passed 5-0.) 2. MINUTES: December 4, 2001 M/S/P Armstrong/DeLapp — to approve the December 4, 2001 City Council minutes, as amended. (Motion passed 5-0.) MINUTES: December 18, 2001 M/S/P Dunn/Siedow — to approve the December 18, 2001 City Council Minutes, as amended. (Motion passed 5-0). 3. FINANCE: A. Claims Regarding Claim for CIT $2,867.99, Council member Armstrong thought the City had already paid a lump sum for Computer Networking. Finance Director Berg responded the City did pay a lump sum in the beginning, but now the City is getting billed in phases and should be done in the next six weeks. M/S/P DeLapp/Dunn — to adopt Resolution No. 2002-001, approving Claims Nos. 21001 through 21028 in the amount of $24,618.46. (Motion passed 5-0.) 4. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. Public Inquiries - NONE B. Representative Eric Lipman and the Council discussed growth issues, school boundaries and new legislation on elections. C. Kreiglmeier Pole Building On October 16, 2001, the Council amended the code to expand the zoning districts in which pole buildings are permitted to include the RR District. Prior to that, such structures were only permitted in the Ag District. Planner Dillerud reported Greg Krieglmeier, 9350 3 1 " St., has requested permission to construct a pole building on his 1-acre parcel, now zoned R-1. Ed Nielsen, Mr. Krieglmeier's representative, provided overheads showing the one acre parcel surrounded by Ag on all four sides by the Earl Friedrich farm and surrounding detached metal pole construction buildings. A floor plan for a 28' x 32' metal Northland Building was provided. The Council indicated this is a unique situation as Ag property surrounds this 1-acre Rl parcel and a metal pole building is compatible with the surroundings. Mayor Hunt added the Council is not concerned about construction technique, but does care how the style and color of the building fits into the area. In this instance a metal pole building surrounded by Ag is appropriate and the Council would make an exception. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 Council member DeLapp reported that near his house a metal pole building was built in front of the house which was permitted based on approval by adjacent property owners. Planner Dillerud stated he was against referendum zoning by neighbor's approval. The Administrator suggested, and the Council agreed, deleting granting variances based on the approval by the neighbors. Administrator Kueffner explained the applicant's proposal for a pole building will have to meet the structure setback and building size standards allowed under RI -zoning district. A variance may be needed if the proposal does not meet these standards. The City Planner was directed to amend Section 505.09, in some manner, describing Mr. Krieglmeier's exact situation as circumstances under which a pole building would be allowable in the R-1 zone. The Council asked that Mr. Kreiglmeir meet with the Planner on how to proceed. D. Oak Park Heights Meeting Mayor Hunt met with Oak Park Heights Mayor Beaudet, who would like to meet with the Lake Elmo Council, January 22 or Feb 12, Oak Park Heights City Hall, between 6-7 p.m. before their regular Council meeting to construct a joint resolution on the bridge and Hwy 36 Corridor. The Council asked staff to schedule meeting for January 22"d at 5:30 p.m. at the Oak Park Heights City Hall. 5. ORGANIZATIONAL MEETING: A. Election of Acting Mayor M/S/P Armstrong/ Siedow — to appoint Council member Sue Dunn to serve as Acting Mayor for 2002. (Motion passed 5-0.) B. Designation of Legal Newspaper M/S/P Siedow/Armstrong — to designate the Stillwater Gazette as the City's legal newspaper for 2002. (Motion passed 5-0.) The Council asked the Administrator to ask lakeelmo.com to state his site is not the official City website. C. Designation of Official Depositories for 2002 M/S/P Dunn/Siedow — to designate Lake Elmo Bank, Paine Webber, Prudential Securities, Solomon Smith Barney, and Juran & Moody as official depositories for the City of Lake Elmo. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 D. Appointment of City Engineer In his letter dated December 31, 2001, Tom Prew expressed an interest in reappointment as the City Engineer and provided a new schedule of billing rates. The Council received a copy of the February 2, 1988 Agreement between the City and TKDA and a copy of the 2001 billing rates. M/S/P DeLapp/Armstrong — to appoint Tom Prow/TKDA as the City Engineer and approve billing rates for 2002. (Motion passed 5-0.) F.(1)Appointment of City Attorney (Civil) M/S/P Armstrong/Dunn - to appoint Jerry Filla, Peterson, Frain & Bergman, as the City Attorney for Civil matters. (Motion passed 5-0.) (2)Appointment of City Attorney (Criminal) Council member Dunn stated she has not seen updates on the ongoing complaints and would like a more timely response. The Building Official indicated his unhappiness with the untimely response of this attorney. The Council would like the staff to meet with Attorney Shoeberg to work out its concerns and receive an update on resolutions to outstanding complaints. M/No Second Armstrong/No Second — to appoint Kevin Shoeberg as City Attorney for criminal matters for the City of Lake Elmo M/S/P Siedow/Armstrong — to delay for 30 days the appointment of Kevin Shoeberg as the City Attorney for criminal matters in order to meet with him and work out concerns and receive an update on resolutions to outstanding complaints. (Motion passed 5- 0.) G.Appointment of Financial Advisor M/S/P Armstrong/DeLapp — to appoint Juran & Moody as the City's Financial Advisor for 2002. (Motion passed 5-0.) H.Appointment to Planning Commission The terms of Rod Sessing, Jeff Berg and Todd Ptacek expired on December 31, 2001. Rod Sessing and Todd Ptacek have asked to be reappointed to three year terms. The City also received a letter of resignation from Kevin Herber, who term would have expired on December 31, 2003. Council member Dunn talked to Kevin Herber who has withdrawn his resignation letter and the City should be receiving a letter of retraction. Council member Armstrong noted Mr. Herber has attended only half of the number of meetings. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 4 According to figures of the Planning Commission's Recording Secretary, Jeff Berg's term has expired, but the Administrator disagreed with figures put together. The Council asked there be no limitations on term because they didn't want to remove a good member because he has served 6+ years. M/S/P Armstrong/DeLapp — to direct staff to change the Planning Commission Composition deleting limitations on terms served on Commission. (Motion passed 5-0.) The City received four applications to serve on the Planning Commission. M/S/P Armstrong/DeLapp — to set up a time 6 p.m., January 15 to hold an informal session to talk to the Planning Commission applicants and get more info on status of Kevin Herber and Jeff Berg. Interested PZ members can attend this session. (Motion passed 5-0.) I.Appointment to Parks Commission - POSTPONED J.Village Commission roster should be sent. Administrator Kueffner reported she has not received a response from Arlo Frost asking him to reconsider resigning fro the Village Commission/Planning Commission Special Projects Commission. K.. Resolution adopting 2002 Fee Schedule Fee schedule was postponed until January 15 meeting. L&M. Environmental Management/PZ Iuman Rights Environmental Management Commission: In 2001 Administrator Kueffner recommended that the Environmental/Solid Waste Commission be combined with the Planning Commission. She asked that the Council consider reestablishing this commission as a stand-alone commission as she would like their help with the Surface Water Utility review and help working on other things the Council has suggested; such as, tree planting programs, native grass identification and preservation. M/S/P DeLapp/Dunn — to make the Environmental Management Commission as a stand- alone commission and postpone appointments until the January 15 Council meeting. (Motion passed 5-0). Hinnan Rights Commission: Administrator Kueffner reported she has not been able to reach Carol Banister to find out the status of the Lake Elmo Human Rights Commission as there has been an attempt to combine the Commission from different neighboring communities. 6. CONSENT AGENDA: LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 7. MAINTENANCE/PARK S/FIREBUILDING: None 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. Letter from Shafer Contracting Company The City Planner received a letter, dated December 18, 2001, from Scott Spisak, Shafer Contracting Co., responding to the City Council motion of October 16, 2001. The Council suggested inviting affected neighbors to bring in issues contrary to health, safety and welfare of the residents. Planner Dillerud indicated Shafer Contracting has taken care of concerns point out to them and are in compliance with the conditions of their CUP for mining. The City doesn't want to give the residents a false impression and false expectations that it is trying to get rid of the company. We can deal with issues contrary to health safety welfare of residents. There are 20 property owners abutting the mining pit, but probably 40-50 homes are affected. Administrator Kueffner thought the city should be better informed on how Shafer is using this pit. What can the residents expect? Council member DeLapp asked how close to the ground water table are they digging. Council member Armstrong reminded the Council that the neighbors knew Shafer Mining was there when they moved next to the property. M/S/P DeLapp/Siedow — to invite the Shafer Mining reps and immediate affected public surrounding Shafer Mining to an informal workshop held on an off -Tuesday night either in January or February to listen to the concerns affecting their health, safety, and welfare. February. (Motion passed 5-0). 10. CITY ATTORNEY'S REPORT: A. Ordinance related to Administrative Fines, Suspension, Revocation for Sale of liquor or non -intoxicating malt liquor to minors Attorney Filla provided two ordinances that set forth the administrative fines, possible suspension, or revocation of license for the sale of liquor or non -intoxicating malt liquor to minors. Sgt. Osterman, Washington County Sheriff Dept, sent a notice to agencies requesting compliance check grant funding. Civil actions by either City or county ordinance or by application of M.S.340A.415 must be taken by the local licensing authority. By application for underage grant dollars, each community acknowledges and accepts responsibility for imposing civil penalties against failing licenses. M/S/P Siedow/DeLapp — set up a workshop at staff s discretion and to invite licensed liquor establishments and Sgt. Osterman to voice their concerns on the two ordinances relating to Administrative Fines, Suspension, Revocation for Sale of liquor or non - intoxicating malt liquor to minors. Draft ordinances will be sent to each liquor establishment. (Motion passed 5-0). 11. CITY ADMINISTRATOR'S REPORTS: LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 12. CITY COUNCIL REPORTS: Council member DeLapp provided an article on SCWRS Study plays key role in Woodbury Management issues. The results of the study on the trout stream of Valley Creek in southern Washington County of SCWRS scientist Jim Almendinger, became key information for policy makers involved in a proposal to develop a large well field to serve future Woodbury growth. Council member Dunn asked staff to place OLD BUSINESS back on the agenda with a list of outstanding issues. Discussion of sale of City owned property Council member Armstrong stated the City never did have that vacant city parcel officially appraised and we should set up procedures and ordinance for selling city property. The Council was asked to make a decision if the property on Kraft Circle was buildable or not without any data in front of them. M/S/P Armstrong/Dunn — to set up committee or ask staff, with input of recommendations from Council member Armstrong, to set standards and procedures for selling City land to be brought for Council review. (Motion passed 5-0.) Council member Armstrong asked if the City has a map showing all the parcels that City owns. Planner Dillerud responded he can generate such a map. The Council Adjourn meeting at 9:12 p.m. -------------------- Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2002-01 Approving Claims 21001-21028 in the amount of $24,618.46 LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council WEDNESDAY January 2, 2002 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) Mary.Kueffner@lakeelmo. org E-Mail Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes December 4, 2001 December 18, 2001 3.FINANCE: A. Claims 4. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. Public Inquiries B. Representative Eric Lipman C. Kreiglmeier Pole Building 5. ORGANIZATIONAL MEETING: A. Election of Acting Mayor B. Designation of Legal Newspaper C. Designation of Official Depositories for 2002 D. Appointment of City Engineer E. F. (1) Appointment of City Attorney (Civil) (2) Appointment of City Attorney (Criminal) G. Appointment of Financial Advisor H. Appointments to Planning Commission I. Appointments to Parks Commission Lake Elmo City Council Agenda January 2, 2002 pa al+ J. Resolution No. 2002- Adopting 2002 Fee Schedule K. Appointments to Village Commission Special Projects L&M. Environmental Management/PZ Human Rights 6. CONSENT AGENDA: 7. MAINTENANCE/PARKS/FHRE/BUILDING: 8. CITY ENGINEER'S REPORT: 9.PLANNING, LAND USE & ZONING: A. Letter from Shafer Contracting Co. 10. CITY ATTORNEY'S REPORT: A. Ordinance related to Administrative Fines, Suspension, Revocation for Sale of liquor Or non -intoxicating malt liquor to minors It. CITY ADMINISTRATOR'S REPORT: 12.CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow Fire Dept./Council Workshop, Sat. Volunteer Recognition January 12, 9 a.m., Fire Hall Party, Friday Feb. Sth, 6 p.m., Machine Shed Restaurant